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The Delaware Division of Alcohol and Tobacco Enforcement (DATE) is a law enforcement agency of the State of Delaware and is a division of the Delaware Department of Safety and Homeland Security (DSHS).
The Division of Alcohol and Tobacco Enforcement (DATE) is a state law enforcement agency. The mission of the agency is " To protect the health, safety and welfare of people in Delaware through the enforcement of state liquor and youth access to tobacco laws, while maintaining the highest state of preparedness for responding to threats against homeland security".
The Division primarily consists of Agents who conduct criminal and administrative investigations involving violations of the Delaware Liquor Control Act and the Administrative Rules of the Delaware Alcoholic Beverage Control Commissioner.
Agents of the Division are certified police officers for the State of Delaware. Agents have statewide jurisdiction and arrest powers and have full authority to enforce all laws of the State of Delaware, including liquor, drug, criminal and traffic statutes. Due to the nature of investigations, Agents primarily work in an undercover capacity. Agents conduct investigations that involve selling alcohol without a license, selling alcohol and/or tobacco products to minors, over-service of alcohol to intoxicated patrons, prostitution, illegal gambling on a licensed premises, illegal narcotics activity on a licensed premises, hidden ownership, tobacco smuggling, tax evasion, organized criminal activity, disorderly premises and violations of other criminal statutes and administrative rules. Agents also work with federal, state and local law enforcement agencies on multi-jurisdictional investigations. A significant aspect of their job involves working in hazardous and potentially volatile environments, including contact with individuals who may be under the influence of alcoholic beverages and/or and illegal narcotics, in possession of lethal weapons, or hostile towards law enforcement officers.
Agents make arrests of persons for violations of state laws, execute search warrants and arrest warrants, and complete a variety of investigative and administrative reports. These reports are used when the Agent testifies as a witness during criminal court trials and/or administrative proceedings.
Agents also perform internal and perimeter security at the state Emergency Operations Center (EOC) during declared state of emergency events. Agents assist liquor licensees, their employees, and the public, by instructing the Delaware Trained Alcoholic Beverage Server (TABS) training program. State law mandates that any person who sells, serves, or dispenses alcoholic beverages in the State of Delaware, must complete this training program.
Agents conduct educational presentations to citizens, civic associations, community groups, elementary school, middle school, high school, and college students, related to state alcohol and tobacco laws and the dangers of alcohol and tobacco use. Agents also provide training to other police agencies in the areas of alcohol and tobacco law enforcement. Agents work in partnership with citizens, the community, and other law enforcement agencies, to address locations that may be negatively affecting the quality of life and/or public safety, in order to encourage voluntary compliance and create safer communities.
During the era of prohibition (1920–1933), the State of Delaware created the state Department of Prohibition. This agency would be the forerunner to the eventual creation of the Division of Alcohol and Tobacco Enforcement. One of the more notorious members of the state Department of Prohibition was a man named Harold “Three Gun” Wilson. A news article from the Newark Post, dated October 1, 1931 gives some insight into the activities of the state Department of Prohibition and “Three Gun Wilson”. The news article states the following:
“Three Gun Wilson swoops down on Newark bootleggers”
“Efforts will be made by the Prohibition Department in Wilmington to padlock five places in Delaware, three of them filling stations, one a Negro café in Rehoboth and the third a private residence in Newark, as a result of raids made under the direction of Harold D. Wilson, Deputy Prohibition Administrator”.
In 1933, after the repeal of Prohibition, the State of Delaware chose the “open” state system of alcohol regulation. In 1933, the first liquor enforcement personnel after the repeal of Prohibition, appeared in Delaware. These early liquor enforcement personnel were commonly referred to as “revenuers”. Most of these early “revenuers” received their positions through political connections, since they were often in charge of regulating powerful and politically connected business owners. From 1933 to 1955, there was no real formal system of alcohol regulation in Delaware, except for a few laws regulating the sale, manufacture, licensing and taxation of alcohol.
In 1955, Delaware created the Delaware Alcoholic Beverage Control Commission. The Commission was charged with regulating alcohol and the alcohol industry within the state. A formal system of licensing, laws and administrative rules was enacted. The Commission was charged with the regulation of Title 4 of the Delaware Code (Delaware Liquor Control Act) and a system of administrative rules. The original Commission was a five-member body. Commissioners were appointed by the Governor and confirmed by the state senate. One Commissioner was from New Castle County, one Commissioner was from Kent County, one Commissioner was from Sussex County and one Commissioner was from the City of Wilmington. One chairperson of the Commission was also appointed and could be from any part of the state. Commissioners could be from any political party, but there could not be a majority of Commissioner's from any one political party.
In 1955, after the formal system of licensing, laws and rules had been created, an enforcement bureau was also created. This early enforcement bureau was known as the Division of Alcoholic Beverage Control or “ABC” and was responsible for the enforcement of Title 4 of the Delaware Code and the Administrative Rules of the Commission. The Division became an agency of the state Department of Administrative Services.
In the early 1960s, the “Revenuers” job titles were officially changed to “Liquor Inspector”. These liquor inspectors made arrests of bootleggers and those who violated other state laws and administrative rules related to alcohol . No formal law enforcement training was required to become a liquor inspector.
In 1969, Delaware made it mandatory for any person involved in policing to attend a formal police academy training program. Liquor Inspectors from the Division began to attend the Delaware State Police academy in order to receive formal police officer training and certification. They performed their duties under the title of Liquor Inspector until the mid-1980s.
In the mid-1980s, the title of Liquor Inspector was changed to Agent. Agents were commonly referred to as “ABC Agents” by the public and liquor licensees. Their duties changed considerably during this period, when the minimum legal drinking age (MLDA) was raised to twenty one on January 1, 1984. With the passage of this legislation, a focus on underage sales and the underage possession/consumption of alcohol became the major focus of ABC Agents. Agents also began to become involved with other types of illegal activity at licensed establishments. Examples include illegal narcotics activity, over-service of alcohol, prostitution, disorderly establishments, tax evasion, illegal gambling and organized criminal activity.
In 1991, the question was raised as to the police authority of ABC Agents. Although not specifically defined as police officers under state law, the state Attorney General's Office, under the leadership of then Attorney General Charles M. Oberly III, issued an opinion stating that ABC Agents were in fact police officers with statewide jurisdiction and arrest authority even though they were not defined as such under state law. The opinion also stated that ABC Agents had the authority to arrest persons in Delaware for any offense, not just for offenses related to alcohol, since if the General Assembly had wanted to limit the police powers of Agents, they would have done so.
In 1991, Delaware also enacted legislation that required all servers of alcohol to take a class and pass a test related to the responsible service of alcohol. This legislation and the resulting class became known as “server training”.
In 1994, the Division was transferred from the Department of Administrative Services to the Department of Public Safety. This transfer occurred since the Division was an agency with law enforcement duties and it would be better served by the transfer.
In 1998, the Division and its agents began to enforce the mandatory federal Synar amendment and associated state laws related to youth access to tobacco products. The Synar amendment stated that all states must test a minimum of 10% licensed tobacco retailers within their borders to ensure that they are not selling tobacco products to anyone under eighteen years of age. If any state failed to comply with the Synar Amendment or had a compliance rate of less than 80%, they would lose federal health grant monies. Rather than only test the minimum required 10% of licensed tobacco retailers in Delaware, the Division instituted a policy that all (100%) licensed tobacco retailers would be tested at least one time per year. This policy far exceed the requirements of the Synar Amendment.
In 2000, the five-member Delaware Alcoholic Beverage Control Commission was dissolved by the state legislature and the joint sunset committee. The sunset committee is a process where state agencies are periodically reviewed and a determination is made to either dissolve the agency, keep the agency in its current form, or modify the agency. As a result, a new agency was created by legislation and named the Office of the Alcoholic Beverage Control Commissioner. A single person called the Alcoholic Beverage Control Commissioner was also created. The single person Commissioner assumed the duties of the former five-person Commission. The Commissioner is appointed by the governor and confirmed by the state senate. The Office of the Alcoholic Beverage Control Commissioner became a separate and distinct agency from the Division of Alcoholic Beverage Control.
In 2000, the Division of Alcoholic Beverage Control was renamed the Division of Alcoholic Beverage Control and Tobacco Enforcement by legislation. Agents of the Division were formally added to Title 11 of the Delaware Code defining them as police officers, even though they had been performing the duties of law enforcement officers for years prior to the official legislation.
In 2003, the Department of Public Safety was renamed the Department of Safety and Homeland Security.
In 2003, as a result of the events that occurred on September 11, 2001, agents were also charged with performing homeland security duties. Specifically, agents of the Division are responsible to provide internal and external perimeter security at the state Emergency Operations Center (EOC) during declared state of emergency events to ensure that the EOC is able to function in a secure manner during these events.
In 2004, the Division of Alcoholic Beverage Control and Tobacco Enforcement was renamed the Division of Alcohol and Tobacco Enforcement by legislation. This name change occurred in order to reflect the increased job duties of tobacco enforcement by the Division and also to avoid confusion with the Office of the Alcoholic Beverage Control Commissioner. Agents of the Division used to be known as “ABC Agents” but are now known as “ATE Agents”.
In 2010 the Division of Alcohol and Tobacco Enforcement partnered with the newly formed Division of Gaming Enforcement. The DGE is composed of an agent from Division of Alcohol and Tobacco Enforcement and troopers from the Delaware State Police. The investigative specialization of the sworn members of Alcohol and Tobacco Enforcement and the Delaware State Police brought a wide array of investigative experience to maintain the integrity of the gaming industry.[ citation needed ]
The Division and its agents have existed in some form since at least 1920. It has evolved considerably since its early days of tax collection and the investigation of bootleggers. Agents of the Division perform criminal and administrative investigations that encompass a variety of areas. Agents not only conduct investigations related to alcohol offenses, but also offenses that involve narcotics, tax evasion, tobacco enforcement, prostitution, organized criminal activity, illegal gambling, fraudulent identification and homeland security.[ citation needed ]
The National Prohibition Act, known informally as the Volstead Act, was an act of the 66th United States Congress designed to execute the 18th Amendment which established the prohibition of alcoholic drinks. The Anti-Saloon League's Wayne Wheeler conceived and drafted the bill, which was named after Andrew Volstead, chairman of the House Judiciary Committee, who managed the legislation.
The Bureau of Prohibition was the United States federal law enforcement agency formed to enforce the National Prohibition Act of 1919, commonly known as the Volstead Act, which enforced the 18th Amendment to the United States Constitution regarding the prohibition of the manufacture, sale, and transportation of alcoholic beverages. When it was first established in 1920, it was a unit of the Bureau of Internal Revenue. On April 1, 1927, it became an independent entity within the Department of the Treasury, changing its name from the Prohibition Unit to the Bureau of Prohibition. In 1930, it became part of the Department of Justice. By 1933, with the repeal of Prohibition imminent, it was briefly absorbed into the FBI, or "Bureau of Investigation" as it was then called, and became the Bureau's "Alcohol Beverage Unit," though, for practical purposes it continued to operate as a separate agency. Very shortly after that, once repeal became a reality, and the only federal laws regarding alcoholic beverages being their taxation, it was switched back to Treasury, where it was renamed the Alcohol Tax Unit.
The Oregon Liquor and Cannabis Commission (OLCC), formerly known as the Oregon Liquor Control Commission, is a government agency of the U.S. state of Oregon. The OLCC was created by an act of the Oregon Legislative Assembly in 1933, days after the repeal of prohibition, as a means of providing control over the distribution, sales and consumption of alcoholic beverages. To this end, the agency was given the authority to regulate and license those who manufacture, sell or serve alcohol. Oregon is one of 18 alcoholic beverage control states that directly control the sales of alcoholic beverages in the United States. In 2014, the passage of Oregon Ballot Measure 91 (2014) legalized the recreational use of marijuana in Oregon and gave regulatory authority to the OLCC.
Alcoholic beverage control states, generally called control states, less often ABC states, are 17 states in the United States that have state monopoly over the wholesaling or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits.
The Texas Alcoholic Beverage Commission, or TABC, is a Texas public agency responsible for regulating, inspecting, and taxing the production, sale, and use of alcoholic beverages within the state. The agency was established in 1935 and is headquartered in Austin.
The California Department of Alcoholic Beverage Control (ABC) is a government agency of the state of California that regulates the manufacture, distribution, and sale of alcoholic beverages.
The New Jersey Division of Alcoholic Beverage Control is an agency of the government of the state of New Jersey that regulates commerce in alcoholic beverages in that state.
The Washington State Liquor and Cannabis Board, formerly the Washington State Liquor Control Board, is an administrative agency of the State of Washington. The Liquor and Cannabis Board is part of the executive branch and reports to the Governor. The board's primary function is the licensing of on and off premises establishments which sell any type of alcohol, and the enforcement and education of the state's alcohol, tobacco, and cannabis laws.
The Idaho State Police (ISP) is the statewide law enforcement agency for the State of Idaho. It began as the Bureau of Constabulary, created on May 18, 1919, under the new Department of Law Enforcement, to detect and investigate crime, "order abatement of public nuisances and to enforce such orders by appropriate court action, to suppress riots, prevent wrongs to children and animals that are inhibited by law." The state constabulary was also charged with the organization of various state, county and municipal peace officers. The bureau was dissolved by the state legislature in 1923.
A liquor license is a governmentally issued permit to sell, manufacture, store, or otherwise use alcoholic beverages.
The Virginia Alcoholic Beverage Control Authority is one of the eleven public safety agencies under the Secretariat of Public Safety and Homeland Security for the Commonwealth. The agency administers the state's ABC laws. ABC stores are the only retail outlets in Virginia where customers may purchase distilled spirits. The profits that Virginia ABC contributes are collected from sales of distilled spirits at ABC stores, taxes collected on beer and wine sales, violation penalties and license fees. Since its establishment in 1934, Virginia ABC has contributed more than $9 billion to the Commonwealth's general fund. Virginia ABC employs more than 4,000 people statewide.
The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri, and similar to its other neighboring state of Oklahoma. Legislation is enforced by the Kansas Division of Alcoholic Beverage Control.
The Division of Alcoholic Beverages and Tobacco (ABT) is the Florida state government agency which licenses and regulates the sale of alcoholic beverages and tobacco. It is part of the Florida Department of Business and Professional Regulation (DBPR).
The Division of Alcoholic Beverage Control is a Kansas state government agency responsible for enforcing the alcohol laws of Kansas. It issues state licenses and permits, monitors the flow of restricted products, inspects licensed premises and enforces restrictions on underage purchasing and drinking of alcohol. ABC Agents are state certified Law Enforcement agents, therefore being armed and possessing powers of arrest. While primarily focusing on the enforcement of the Kansas laws regarding liquor, tobacco and tax enforcement, Agents at times assist other law enforcement agencies with other matters of an urgent nature.
The state laws governing alcoholic drinks in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.
The Department of Public Safety of the State of Missouri, commonly known as the Missouri Department of Public Safety (DPS), is a department of the state government of Missouri.
Alcohol laws are laws relating to manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages. Common alcoholic beverages include beer, wine, (hard) cider, and distilled spirits. Definition of alcoholic beverage varies internationally, e.g., the United States defines an alcoholic beverage as "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume". Alcohol laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely.
The production of distilled spirits in New Jersey has not been a large industry in the state. Strict alcoholic beverage control laws in place during and after Prohibition (1919–1933) prevented the industry from growing for almost a century. In 2013, the state passed a law creating a craft distillery license. and issued the first new distillery license since Prohibition to Jersey Artisan Distilling.
The alcohol laws of Maine regulate the sale and possession of alcohol in the state of Maine in the United States. Maine is an alcoholic beverage control state.
The Minnesota Alcohol and Gambling Enforcement Division (AGED) is a law enforcement agency within the Minnesota Department of Public Safety charged with regulation of alcoholic beverages and gambling, within the U.S. state of Minnesota.